Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice – 1 December 2022

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia and to ensure that the public interest is served by broadcasters. The Act was introduced to address the need for a regulatory framework that governs the broadcasting sector, including the allocation and renewal of broadcasting licences, to ensure that broadcasters adhere to certain standards and conditions. This Act is administered by the Australian Communications and Media Authority (ACMA), which is tasked with enforcing the provisions of the Act and ensuring compliance by broadcasters. The policy objective of the Act is to provide for the regulation of broadcasting services in a manner that promotes diversity, supports the public interest, and maintains the integrity of the broadcasting system. The ACMA is required to renew broadcasting licences unless it determines that the applicant is no longer a suitable licensee, based on several criteria including the business and personal records of the applicant and their associates.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence under Subsection 46(2) of the Broadcasting Services Act 1992) Notice applies to commercial broadcasting service licensees seeking to renew their licences. This includes entities such as Rebel FM Stereo Pty Ltd, Commercial Broadcasters Pty Ltd, Radio West Coast Pty Ltd, Sunshine Coast Broadcasters Pty Ltd, and Forsby Pty Ltd, all of which have submitted applications for licence renewal. The scope of this legislation is confined to commercial broadcasting services, with a specific focus on the suitability of the applicant companies as licensees. Geographically, the Act applies nationally across Australia, including multiple states and territories, as indicated by the diverse service areas of the listed companies. The Act does not specify exclusions or exemptions, but rather mandates that the Australian Communications and Media Authority (ACMA) assess the suitability of each applicant based on their business and personal records, as well as any past convictions or penalties. The Act also allows the ACMA to consider the potential risk of future breaches in determining the suitability of a licensee, without necessitating formal investigations or hearings.

Key Provisions

The main operative sections of the notice, published under subsection 46(2) of the Broadcasting Services Act 1992, inform that several commercial broadcasting companies have applied for licence renewals with the Australian Communications and Media Authority (ACMA). The listed companies, including Rebel FM Stereo Pty Ltd, Commercial Broadcasters Pty Ltd, Radio West Coast Pty Ltd, Sunshine Coast Broadcasters Pty Ltd, and Forsby Pty Ltd, have all submitted applications to continue their services under various areas and states across Australia. ACMA is mandated to renew these licences unless it concludes that the applicants are no longer suitable licensees, a determination made in accordance with subsection 41(2) of the Act. Under the Broadcasting Services Act 1992, the ACMA must consider a range of factors before deciding whether an applicant is a suitable licensee. This includes evaluating the business record of the company and its ability to maintain trust and candour, especially in situations demanding these qualities. Furthermore, the ACMA must review the records of individuals who would control the licence, including any prior convictions or civil penalty orders against these individuals or the company itself. The authority must ensure that there is no significant risk of breaches of the Act, regulations, or licence conditions if the service is continued. The obligations imposed by the Act on the parties involved primarily revolve around the transparency and suitability of the applicants. Companies must demonstrate a clean business record and the capability to adhere to the conditions of their licences. Individuals associated with the companies, particularly those in control, must also exhibit a history of trustworthiness and integrity. This comprehensive evaluation is crucial to ensuring that the broadcasting services remain compliant with regulatory standards and contribute positively to the media landscape. Failure to meet the suitability criteria can lead to the ACMA denying a licence renewal application. Such a decision could result in the cessation of broadcasting services if the company does not rectify the issues or secure an alternative arrangement. While the Act does not mandate a formal investigation or hearing for licence renewals under subsection 47(3), the ACMA has the discretion to engage in such processes if it deems it necessary to make an informed decision. The consequences of non-compliance can be significant, impacting the continuity and reach of the broadcasting services provided by these companies.